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B-196571 1 (1981-08-17)

handle is hein.gao/gaobadjqq0001 and id is 1 raw text is: DECISION ( FILE: B-196571 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATE8 WASHINGTON. D.C. 20548 DATE: August 17, 1981 OF: Nancy C. Jones -l Overtime Compensation for Food Inspector7 Fair Labor Standards Act Food inspector claimed overtime compensa- tion under Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. (1976), for per- forming various duties outside of her regular working hours. Agency denied claim because of lack of documentation. Office of Personnel Management, which is authorized to administer FLSA, found that the inspector spent an estimated 46-3/4 hours on uncompen- sated working time. We shall not disturb OPM's factual findings as they are not clearly erroneous. Inspector is entitled to FLSA overtime pay for the 46-3/4 hours. Mr. C. E. Carroll, an authorized certifying officer with the Department of Agriculture's Food Safety and Quality Service (FSQS), has requested a decision as to whether Ms. Nancy C. Jones, an FSQS food inspector, is entitled to 46-3/4 hours of over- time compensation under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. (1976). We received comments on the matter from the Office of Personnel Management and the American Federation of Government Employees. Ms. Jones is a food inspector assigned to non- processing (i.e., cattle, hogs, and poultry slaughter) establishments in the state of Washington. She filed an FLSA complaint alleging that, during the period February 15, 1976, through August 12, 1978, she spent 51-1/4 hours of her own time performing duties required by her job for which she was not paid. Ms. Jones states that these duties included clothes- changing, cleaning equipment, and filling out forms. The Seattle Regional Office, Office of Personnel Management (OPM), after an investigation into the matter, informed FSQS that Ms. Jones was entitled to 46-3/4 hours of overtime compensation and issued the following findings in a letter of August 7, 1979: Ib~I27 e.

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